Complaint Review: Thousand Trails DBA: Equity LifeStyle Properties - Cloverdale California

Only weeks after my mother-in-law's husband passed away she began getting harassing phone calls and letters from Equity Lifestyle Properties threatening legal action because her husband did not cancel their 1 year membership (which was paid in full on the day of signing) in writing, so it automatically renewed and there was an outstanding debt of more than $1400 and since she signed a "confirmation of marriage addendum” they are holding her responsible for any unpaid debt.

The contract they signed specifically states that non-payment for future one year periods would automatically cancel the contract within 60 days of the new term. There was absolutely no communication of this 3 year old debt prior to his death, nor could the collector produce documentation she claimed she had of her contacting them prior. This is clearly a scheme that is preying on widowers in an attempt to de-fraud when they are grieving. Here is the email I sent in rebuttal to the letter and copy of their signed contract, and sums up what is going on:

Dear Ms. Janikowski, 

This email is regarding the letter you sent to my mother-in-law, Ms., dated March 25^th, 2013 regarding what you allege is the delinquency of her account.  Enclosed with the letter you attached a copy of the contract Ms.  and Mr. (deceased) signed and you sighted the “Default and Remedies” clause in the contract.  You claim  that the delinquent amount due is a result of the “purchaser” not canceling their contract in writing at the end of  the one year term of the contract so that payments continued to be due.

 Ms. Janikowski, you have failed to read the full contract. The contract does not require notification of cancelation at the end of the term. Instead, the contract provides that it automatically terminates unless the member chooses to renew the agreement by paying another year of annual dues. Specifically, In paragraph 2 it states, verbatim:

 “You are purchasing a one preserve membership which entitles you to use the Russian River Preserve on the terms set forth in this agreement.  The initial term of your membership is one (1) year following the date of purchase.  After this initial term, unless we notify you of our intention to terminate the agreement, you may renew the term of the agreement for additional one year periods (“renewal terms” herein) by paying the annual dues for each renewal term on or before the due date. If you fail to pay the annual dues for any renewal term within sixty (60) days after the due date, the terms of this agreement will end and you will be required to pay a reinstatement fee of $150.00, in addition to the annual dues, in order to reinstate the agreement.”

As you can see from the above agreement clause, the agreement terminated when my mother-in-law and her husband vacated the preserve within the initial one year period of time and did not make payment for renewal.  There is no condition that states if they do not wish to renew their agreement, they must do so in writing or it will automatically renew and charges will apply.  Billing her additional charges is in violation of your own contract. 

There is no money due to Thousand Trails or its affiliates by Ms. Threatening legal action and impugning her credit is not only unethical but illegal and we consider it an attempt to de-fraud her. You must immediately take action to remove the fraudulent balance from her account and contact any credit bureaus that you have reported this bogus debt to and have it removed to or we will take full legal action to expose your fraudulent scheme. Continuing to make harassing and threatening phone calls, and send emails and letters to scare her into paying this fraudulent debt will not be tolerated and Ms. full legal rights will be enforced to protect her from this sort of predatory practice.